AustLII Tasmanian Consolidated Acts

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POISONS ACT 1971 - SECT 59E

Authority for making drugs available to certain patients

(1)  The Secretary may, on an application made under this section in respect of any person (in this section referred to as the patient ), authorise a medical practitioner, dentist, authorised health professional or authorised nurse practitioner to make available –
(a) a narcotic substance or a specified substance; or
(b) more than one narcotic substance; or
(c) more than one specified substance; or
(d) a combination of one or more narcotic substances and one or more specified substances –
for the use of the patient.
(2)  An application under this section is to be in writing in a form approved by the Secretary and signed by the medical practitioner, dentist, authorised health professional or authorised nurse practitioner by whom it is made.
(3)  An application is to –
(a) specify the patient in respect of whom it is made; and
(b) state whether, in the opinion of the medical practitioner, dentist, authorised health professional or authorised nurse practitioner the patient –
(i) is a drug-dependent person; or
(ii) is exhibiting drug-seeking behaviour; or
(iii) has a history of obtaining a notifiable restricted substance, a narcotic substance or a prohibited substance for a non-medical purpose, or of unlawful possession or unlawful supply of a notifiable restricted substance, narcotic substance or prohibited substance; and
(c) contain such other information relating to the medical history and treatment of the patient as the Secretary requires.
(4)  An authority given under this section in respect of a patient is to specify –
(a) the name of each substance to be made available; and
(b) the amount, including an amount up to a maximum amount of each substance, to be made available; and
(c) the period during which the authority is to be in force; and
(d) other substances, if any, which must not be made available in conjunction with a substance specified in paragraph (a) ; and
(e) the conditions under which, or the circumstances in which, if any, the substance or substances specified in paragraph (a) may be made available.
(5)  An authority given under this section is to be in writing signed by the Secretary but, in a case of emergency, may be given orally.
(6)  An authority given orally is to be confirmed in writing as soon as practicable after it is given.
(7)  An authority given under subsection (1) also authorises a medical practitioner or dentist, who is in the same medical practice or dental practice as the person authorised, to make the substances available for the use of the patient in accordance with the terms of the authority.
(8)  The Secretary may at any time revoke an authority given under subsection (1) or vary the terms or conditions subject to which such an authority may be exercised.
(9)  If the Secretary gives an authority under subsection (1) , any previous authorisation given to the holder of that authority under that subsection is revoked.
(10)  A person aggrieved by a decision made under this section by a delegate of the Secretary may apply in writing to the Secretary for a review of the decision within –
(a) 30 days after the day on which the decision first came to the notice of the applicant; or
(b) such further period (if any) as the Secretary allows.
(11)  The Secretary may –
(a) make a decision affirming, varying or revoking the decision; and
(b) if the Secretary revokes the decision, make such other decision as the Secretary thinks appropriate.



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